Birth defects are often detected during pregnancy, but there are many times when a birth defect is a result of negligence on the part of a medical provider or facility. Some defects are physical, but many can impact the development and functional abilities of your child. Common defects such as a cleft palate or cleft lip are often not a result of medical negligence, but are developed in-utero. Others, however, happen during birth and are a failure on the part of the medical team to adhere to the standard of care.
Contacting a Birth Injury Attorney
Initially, parents are often so concerned about the health of their child that they fail to seek out legal assistance. That mistake can lead to the family not seeing any compensation for the negligent action of the medical staff, surrounding teams, or the hospital itself. Don’t allow your family to suffer and face extensive medical debt because of a doctor or pharmacist’s mishandling.
Legal liability is something that everyone in the medical community is aware of, and because of that, they may do everything they can to avoid the courtroom. Taking legal action into your own hands starts with hiring a birth injury attorney in Birmingham, AL. These attorneys work with birth injuries and medical malpractice cases regularly, so they understand how to approach the situation with sensitivity.
Prescriptions and Warnings on Liability
One of the biggest risks to infants or fetuses is a prescription medication. Doctors will often avoid writing any prescriptions to pregnant women because even something as commonplace as Ibuprofen may impact the baby’s development. However, there are times when the prescription manufacturer, pharmacist, or doctor may take responsibility because of a medication error.
Each year somewhere between 7,000 to 9,000 people die from prescription medication errors. Hundreds of thousands are estimated to experience adverse effects, including birth defects during pregnancy, because of pharmaceutical or medical errors as well. A primary concern for many patients is that the pharmacy may not always be liable. You or your infant may have received the wrong medication from a nurse while in a hospital, been prescribed the wrong medication by a doctor, or received the correct medication which was manufactured incorrectly.
Hospital Procedure and Mishandling Negligence
Delay of delivery, head deformities, and even limb damage during the birthing process can all happen as a result of poor medical practices; however, misdiagnosis is a major concern as well. Any failure to comply to the standard of care during the time spent in the hospital is the responsibility of the facility or the medical team.
Improper handling of your delivery, caesarian, the child after birth, or any part therein can lead to a medical malpractice case. However, it can occur before that. For example, if during your pregnancy, you were admitted to the hospital for an illness, or even for an injury that had nothing to do with your pregnancy, that stay may have led to the defect. Nurses administering medications that are known to cause birth defects or doctors ordering unnecessary tests knowing that you’re pregnant may also be forms of negligence or malpractice.
Hospital procedure is a common obstacle as the hospital may attempt to push responsibility off onto an employee and claim they weren’t following rules or standard operations set into place. In these cases, your legal team may need to show that hospital staff was acting in accordance with standard practices or procedures.
Take Action Within The Given Timeframe
The laws surrounding medical malpractice give a very specific time frame to start your legal proceedings. That means that you’re looking at two years from the date of diagnosis, or correct diagnosis, to file a claim.
There are some time stretches given for discovery, but essentially from the moment that you know that it’s a result of medical malpractice, your clock starts running. Alabama has a two-year time to file, usually from the date of diagnosis, unless it was not clear whether the cause was a result of malpractice. For example, if your doctor wrote a prescription for a drug that was otherwise “safe,” and the pharmacy filled it incorrectly, it may take time to identify the mistake.
To take action, contact our office and speak with a local Birmingham birth injury attorney. It’s critical to have the right attorney in place for these types of lawsuits to seek justice for the injury caused to your child.
Get My FREE Case Review